3 APHC010566202024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE FOURTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 29395 OF 2024 Between: 1. Nailamothu Ashok, S/o.Bala Guru, Agriculture, District. 2. Kata Manohar, S/o.Lingaiah, Aged about 35 yea-rs, Occ. Agriculture R/o.Cherukuru Village, Ponnaluru Mandal Prakasam District. 3. Padiyapu Anjaiah, S/o. Ramaiah, Agriculture, District 4. 4. Tanneru Pedda Kondiaah, S/o.Singaiah. Aged about 90 years, Occ. Agriculture District Aged about 37 years, Occ. R/o.Cherukuru Village, Ponnaluru Mandal Prakasam Aged about 55 years, Occ. R/o.Cherukuru Village, Ponnaluru Mandal Prakasam R/o.Cherukuru Village, Ponnaluru Mandal Prakasam ...PETITIONERS AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Panchayat Raj and Rural Development Department, A.P. Secretariat, Velagapudi, Amaravati, 2. The District Panchayat Officer, Prakasam District, Ongole. 3. The Mandal Parishad Development Officer Prakasam District. Ponnaluru Mandal, 4. The Panchayat Secretary, Cherukuru Village Ponnaluru Mandal Prakasam District. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ,Order or Direction, more particularly one in the nature of Writ of mandamus, declaring the action of the Respondents to destroy the present cart track as illegal, arbitrary, unjust and unconstitutional consequently direct the Respondents authorities to allow the Villagers to the present Cart Track Way and restore the use same. (Prayer is amended as per the Court's Order dt.01.05.2025 of 2025 in Writ Petition and affidavit) lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to pass orders, directing the Respondent authorities to allow the Petitioners use the Cart Track in the above said land, pursuant to the Representation dt.09-10-2024 and 10.10.2024, pending disposal of the main writ petition. Counsel for the Petitioners: SRI VENKATESWARLU KOLLA Counsel for the Respondent Nos.1 & 2: GP FOR PANCHAYAT RURAL DEVELOPMENT Counsel for the Respondent Nos.3 & 4:SRI MATTEGUNTA SUDHIR in I.A.No. 01 to RAJ AND ,SC FOR Z.P.Ps, M.P.Ps, GRAM PANCHAYATS The Court made the following order: ::1:: APHC010566202024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY,THE FOURTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 29395/2024 Between; 1 NAILAMOTHU ASHOK, S/0.BALA GURU, AGED ABOUT R/O.CHERUKURU 37 YEARS, OCC. AGRICULTURE, VILLAGE, PONNALURU MANDAL PRAKASAM DISTRICT. 2. KATA MANOHAR,, S/O.LINGAIAH, AGED ABOUT 35 YEA RS, OCC. AGRICULTURE PONNALURU MANDAL PRAKASAM DISTRICT. R/O.CHERUKURU VILLAGE, 3 PADIYAPU ANJAIAH,, S/0. RAMAIAH, AGED ABOUT 55 R/O.CHERUKURU YEARS, OCC. AGRICULTURE, VILLAGE, PONNALURU MANDAL PRAKASAM DISTRICT AGED OCC. AGRICULTURE, PONNALURU MANDAL 4.TANNERU PEDDA KONDIAAH,, S/O.SINGAIAH. ABOUT 90 YEARS, R/O.CHERUKURU VILLAGE, PRAKASAM DISTRICT ...PETITIONER(S) AND 1 THE STATE OF ANDHRA PRADESH, REP. BY ITS GOVERNMENT, AND RURAL DEVELOPMENT A.P. SECRETARIAT, VELAGAPUDI, TO PRINCIPAL SECRETARY PANCHAYAT RAJ DEPARTMENT, 2 AMARAVATI, 2.THE DISTRICT PANCHAYAT OFFICER, PRAKASAM DISTRICT, ONGOLE. 3.THE MANDAL PARISHAD DEVELOPMENT OFFICER, PONNALURU MANDAL, PRAKASAM DISTRICT. 4.THE PANCHAYAT SECRETARY, CHERUKURU VILLAGE PONNALURU MANDAL PRAKASAM DISTRICT. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ ,Order or Direction, more particularly one in the nature of Writ of mandamus, declaring the action of the Respondents to destroy the present cart track as illegal, arbitrary, unjust and unconstitutional, consequently direct the Respondents authorities to allow the Villagers to use the present Cart Track Way and restore the same and to pass such other orders as this Honourable Court may deem fit and proper in the circumstances of the case. Prayer is amended as per the Court's Order dt.01.05.2025 in I.A.No. 01 of 2025. Counsel for the Petitioner(S): 1.VENKATESWARLU KOLLA Counsel for the Respondent(S): 1.GP FOR PANCHAYAT RAJ RURAL DEV 2.GP FOR PANCHAYAT RAJ RURAL DEV S.Mattegunta.Sudhir, Standing Counsel For Z.P.Ps,M.P.Ps,Gram Panchayats ::3:: f THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 29395/2024 The Court made the following: ORDER: The case of the petitioners is that the land admeasuring Ac.2.34 cents in Sy.No.1204 situated at Cherukuri Village is classified as “Cart Track (Bandidari)”. The petitioners herein are utilizing the subject cart track for their ingress and egress to reach their agricultural fields for doing agricultural operations. th 2. While so, without there being any authority the 4 respondent - Gram Panchayat is creating obstructions across the cart track making inconvenience to the petitioners and other villagers to reach their agricultural fields, for which the Petitioners herein submitted a representation dated 09.10.2024 requesting the 4^^ respondent to remove the obstructions and permit free flow through the cart track and allow the petitioners also to have their ingress and egress to reach their agricultural fields. Even though their representation has been received by the respondents, the respondent authorities did not act upon. Hence the Writ Petition. ::4 3. On the other hand, learned Standing Counsel for 4 respondent filed counter-affidavit, wherein it is stated as under: th It is further humbly submitted that in the above writ petition the petitioner suppressed the facts and gave false information to this Hon’ble Court that this Grama Panchayat going to the close the cart track but this Grama Panchayat partially removed the one pipe for the free flow of rain water to the other side of the cart track but not totally removed the pipes laid by the petitioners. The petitioner laid by the pipes on the cart track without the prior permission from this Grama Panchayat, so that this Grama Panchayat issued notice to the petitioners and invited their response. It is submitted that there is no problem to this Grama Panchayat by using the above cart track by the petitioners to reach their fields." Learned Standing Counsel further states that in the earlier occasion the petitioners herein filed W.P.No.25349/2024 before 10. 4. this Hon’ble Court and sought for relief against the respondents therein alleging that the respondents therein are closing the cart track, by which denying the right of the petitioners to the ingress and egress to their agricultural fields. While considering the claims of the petitioners as well as respondents this Hon’ble Court was pleased to pass orders dated 08.11.2024 which reads as under: “2. Learned Assistant Government Pleader has submitted Written Instructions furnished by the Tahsildar of Ponnaluru Mandal. A copy of it has been served on the learned Counsel for the Petitioners. The same is taken on record. The relevant portion of the Written Instructions is usefully extracted hereunder: 5 S.Reasons why application could not be considered: R1; As per Resettlement Register (RSR) of Cherukuru Revenue Village of Ponnaluru Mandal, the land in Sy.No.1204 measuring with total extent of Ac.2.34 Cents is classified as “Cart Track”. R2; It is submitted that the government officials does not have any intention or proposals as of now to close the Cart Track for issuing house site pattas to villagers as alleged by the petitioner. R3; It is submitted that on revenue enquiry it is revealed that there is any alternate way to reach the agricultural lands of the petitioner and others. However the petitioner suppressed this fact and gave false information to the Hon’ble High Court which can be further verified in the Google Map of the said survey number attached here with. It is submitted that the government officials does not have any intention or proposals as of now to close the Cart Track for issuing house site pattas to villagers as alleged by the petitioner. Hence, I prayed this Hon’ble Court may pleased to dismiss the writ petition. 3. The facts from the above extract would indicate that the Government does not have any intention or proposal as of now to close the Cart Track and use it for issuing house site pattas to villagers. 4 Having noted the same, this Court deems it appropriate to dispose of this Writ Petition, at the admission stage, without going into the merits, in terms of the above extract. It is clarified that the Official Respondents shall follow the due process of law keeping in mind the interest of the community if any action is sought to be initiated for conversion of Cart Track in the future. observations and directions, this Writ Petition 5. With these stands disposed of. No order as to costs. This Hon’ble Court disposed of the matter after observing 5. that the respondents are neither closed cart track nor created any obstructions as alleged by the petitioner. Even in the present writ petition which is filed impleading the Respondent Nos.3 and 4 6 with same relief alleging that they creating obstructions and trying to close the cart track is contrary to the facts and the respondents categorically stated in their counter-affidavit that they are neither creating any obstructions nor closing the cart track as alleged by the petitioners. As per Revenue Records i.e., RSR, it is notified as “Cart Track (Bandidari)”, as such Gram Panchayat or any Authority cannot close the cart track or create any obstructions in respect of the public rasta (road) i.e., community property. The petitioners are making false allegations and petitioners are trying to lay pipe lines across the cart track without there being any permission for drawing the water for their agricultural fields. 6. Considering the submission of both the counsel and material placed on record and also order dated 08.11.2024 in W.P.No.25349/2024, it is an admitted fact that the land in Sy.No.1204 admeasuring Ac.2.34 cents of Cherukuru Revenue Village is classified as “Cart Track (Bandidari)”. It is settled law that once revenue record / RSR specifically notified the subject land for a particular purpose, the said land cannot be converted for any other purpose except for the purpose for which it It is also recognized that the authority i.e., the 4 respondent - Gram Panchayat being a local authority is the was notified. th 7 protector of the community properties as it is without permitting for any alterations or change of nature of the land. Therefore, once the subject land notified as “Cart Track (Bandidari)”, the same cannot be changed or converted for any other purpose and it is the duty of the Gram Panchayat that since it is a community land, it should be protected as community land forever. 7. As contended by learned counsel for the petitioners that the respondents are creating obstructions or closing the cart track are not substantiated by any evidence before this Court. On the other hand, as per the counter-affidavit filed by the respondent which clearly states that the 3'"^ respondent being a protector of the subject property, it won’t create any obstructions or close the cart track as alleged by the petitioners is acceptable and sustainable. 8. In view of the reasons stated above, the Writ Petition is disposed of directing the Respondent Authorities to protect the subject land as it is without changing the nature of the land. However, if for development of the said Cart Track the same can be carried out by the petitioners with their funds after having due from the concerned authorities by making relevant permissions application / representation within a period of two (2) weeks from ::8:: the date of receipt of a copy of this order and after such application / representation by the petitioners, the respondents 2 to 4 herein shall consider and pass appropriate orders in accordance with law within a period of four (4) weeks thereafter. No costs. 9. As a sequel, interlocutory applications if any, shall stand closed. Sd/- B PRASADA RAO ASSISTANT REGISTRAR SECTIDWC^FFiCER //TRUE COPY// To 1. The Principal Secretary to Government, Panchayat Raj and Rural Development Department, State of Andhra Pradesh, A.P. Secretariat, Velagapudi, Amaravati, 2. The District Panchayat Officer, Prakasam District, Ongole. 3. The Mandal Parishad Development Officer, Ponnaluru Mandal, Prakasam District. 4. The Panchayat Secretary, Cherukuru Village Ponnaluru Mandal Prakasam District. 5. One CC to Sri Venkateswarlu Kolia, Advocate [OPUC] 6. One CC to Sri Mattegunta Sudhir, SC for Z.P.Ps, M.P.Ps, Gram Panchayats[OPUC] 7. Two CCs to GP for Panchayat Raj and Rural Development, High Court of Andhra Pradesh [OUT] 8. Two CD Copies. ssb HIGH COURT DATED:04/08/2025 I 2 ’ AUG 2025 ^ Current Section ORDER WP No. 29395 OF 2024 DISPOSING OF THE W.P. WITHOUT COSTS